General diving work - qualifications
The exemption was granted under the Work Health and Safety Regulation 2017.
Exemption No. 02/20 commenced 17 July 2020 and 017/21 commenced 27 October 2021 and are in effect until 31 December 2022.
Nature of exemption
The Exemption is made by SafeWork NSW on its own initiative and applies to persons carrying out general diving work who hold a:
- current AS4005.2 based recreational dive supervisor,
- ISO 24801-3 based dive leader,
- ISO 24802-1 based recreational dive instructor or
- ISO 24802-2 based recreational dive instructor qualification qualification.
Those persons are exempt from the requirement of clause 171(1) of the Work Health and Safety Regulation 2017 to obtain competencies specified in AS/NZS 2815:2013 (Training and certification of occupational divers) that are relevant to the type of general diving work to which clause 171(1) of the Regulation applies.
The Exemption is subject to the condition that it only applies where the person who carries out general diving work currently hold an:
- AS4005.2 based recreational dive supervisor qualification, or
- ISO 24801-3 based dive leader, or
- ISO 24802-1 based recreational dive instructor, or
- ISO 24802-2 based recreational dive instructor qualification.
Definitions
For the purposes of this Exemption:
General diving work means work carried out in or under water while breathing compressed gas, and includes:
(a) incidental diving work, and
(b) limited scientific diving work,
but does not include high risk diving work.
AS4005.2 means AS4005.2 Training and certification of recreational divers. Part 2: Recreational SCUBA dive supervisor AS/NZS2815:2013 means the relevant AS/NZS 2815 sub-standard relevant to the type of general diving work to which clause 171(1) of the Work Health and Safety Regulation 2017 applies.
ISO 24801-3 means ISO 24801-3: 2014 Recreational diving services – Requirements for the training of recreational SCUBA divers – Part 3: Level 3 – Dive leader
ISO 24802-1 means ISO 24802-1: 2014 Recreational diving services – Requirements for the training of SCUBA instructors – Part 1: Level 1
ISO 24802-2 means ISO 24802-2: 2014 Recreational diving services – Requirements for the training of SCUBA instructors – Part 2: Level 2
Exemption does not affect other requirements
Nothing in the Exemption affects any other applicable requirement imposed by law on a person conducting a business or undertaking in relation to matters relating to the exemption, including the monitoring of workers and conditions at the workplace under Section 19(3)(g) Work Health and Safety Act 2011.
Gazettal
Exemption 02/20 was published in the Government Gazette (p3620) of the State of New South Wales, number 153, Friday 17 July 2020.
Exemption 017/21 was published in the Government Gazette (p586) of the State of New South Wales, number 586, Friday 12 November 2021.